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« CVC Substantive Preliminary Motion No. 2 to Deny Priority Benefit | Main | CVC Substantive Preliminary Motion No. 3 To Add Claims in ToolGen Patent »

July 06, 2021

Comments

That's the thing about "First to File" isn't it? If your priority date filing is speculative, and then you publish, and then you file PCT with a bulked-up disclosure, you can end up with nothing.

As you report:

"where a priority document is thin on experimental work and largely speculative, as seems to be the case here, priority can fall"

With First to File, the highest value work is not delivered by the litigator but rather by the entity doing the drafting and choosing the priority filing date.

But wait. Let's see what the EPO Board of Appeal has to say.

Wonderful summary; thank you foreign correspondents, whoever you are.

-kd

[This is f/k/a hardreaders BTW]

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